Employment Law Update (March 2010)

New "Fit Note" up and running from April

The new "Fit Note" comes into effect from 6^th April 2010 and replaces the current MED3 sick note. The form, which will be completed by the employee's GP, will contain two options - "Not fit for work" and "May be fit for work taking account of the following advice".

If the GP ticks "May be fit for work", he or she must also make recommendations, which include:

• A phased return to work
• Altered hours
• Amended duties
• Workplace adaptations

How will this affect employers?

Where an employee submits a "May be fit for work" note, it will be up to the employer and the employee to agree on whether, and how, a return to work can be arranged. The employee cannot be made to return to work, and the employer can't be forced to accept the employee back if suitable arrangements cannot be agreed. Where agreement is not reached, the employee will remain on sick leave as before.

The aim is to encourage employers and employees to agree working arrangements which will help employees to get back to work. It remains to be seen how far GPs will be prepared to use the new category.

Employers might find it difficult to accommodate an employee who is not doing his or her full job, but they should beware of refusing to discuss a return to work where the "fit note" suggests this, because of their duties under Disability Discrimination law.

For these reasons, Mentor strongly suggests you take advice from our Employment Law team if you receive a sick note suggesting an employee may be fit for work.

Actions

• Be prepared for the new Med3 "Fit Note" for sickness absences from 6^th April
• Take advice from the Mentor Employment Law team if you receive a note if the "may be fit for work" box is ticked

Further help

• Mentor offers Occupational Health services through our partner, AXA ICAS, either on a subscription or a "pay as you go" basis.  Our Employment Law team will be happy to discuss how we can meet your requirements.